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Bill

S 1024

An Act ensuring affordability in perpetuity

194th Legislature (2025-2026) Introduced by Mike Rush

Requires all low/moderate-income units built under Chapter 40B to remain affordable in perpetuity, effective July 1, 2026, shaping financing and long-term housing stock.

Hearing rescheduled to 09/17/2025 from 09:00 AM-11:30 AM in B-1 Hearing updated to New End Time
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Bill Summary · S 1024

Summary — S 1024: "An Act ensuring affordability in perpetuity"

Note on contents: The materials provided include two different bills labeled S 1024 from different jurisdictions (Massachusetts and Idaho). This summary focuses on the bill titled "An Act ensuring affordability in perpetuity" (Massachusetts Senate Docket No. 1024). At the end I summarize the unrelated Idaho S 1024 material that appears in the packet and note procedural inconsistencies in the documents.

Purpose / Intent

To amend Massachusetts Chapter 40B (comprehensive permit law) to require that all low‑ or moderate‑income housing built under a Chapter 40B comprehensive permit remain affordable in perpetuity. The stated goal is to preserve long‑term affordability of housing created through Chapter 40B.

Key provision

  • Insert a new Section 21A into Chapter 40B of the General Laws:
    • "All low or moderate income housing constructed under a comprehensive permit must remain affordable in perpetuity."
  • Effective date: July 1, 2026.

No additional mechanics (for example, definitions of "affordable in perpetuity," enforcement mechanisms, monitoring requirements, or re‑sale/recapture rules) are provided in the single‑section text excerpt. Those details would normally be expected in implementing regulations or additional statutory language.

Who would be affected

  • Developers using Chapter 40B comprehensive permits to build low‑ or moderate‑income housing.
  • Municipalities that host Chapter 40B developments (affects local planning approvals and long‑term housing stock).
  • Low‑ and moderate‑income households benefiting from affordable units (potentially greater long‑term security).
  • Lenders, investors, and affordable‑housing subsidy programs (contracts, financing structures, and equity returns may need to account for perpetual affordability covenants).

Potential impacts (depending on implementation details that are not specified):
- Increased long‑term preservation of affordable units.
- Possible changes to project financing structures (perpetual affordability can affect tax credit treatment, resale restrictions, and investor exit strategies).
- Possible effects on developer incentives and municipal willingness to accept comprehensive permits.

Legislative status (from provided docket)

  • Filed: 01/14/2025 (Senate Docket No. 559), presented by Senator Michael F. Rush (Norfolk & Suffolk).
  • Referred to: Committee on Housing (hearing schedule entries show hearings later in 2025; see procedural note below).
  • Effective date stated in text: July 1, 2026 (if enacted as shown).

Procedural / timeline notes and caveats

  • The bill text includes an explicit effective date of July 1, 2026.
  • The packet also contains legislative action entries and hearing scheduling that appear to mix records from other bills and jurisdictions (including Idaho bill activity and hearing dates in September 2025). Verify the correct docket and status with the Massachusetts legislative website (Senate Docket No. 559 / S.1024) for up‑to‑date committee hearings, amendments, and votes.
  • The text excerpt as provided is a single new statutory sentence; important implementing details (definitions, enforcement, interactions with existing affordability controls like deed restrictions, and treatment under federal/state funding programs) are not included and would materially affect practical implementation.

Related / referenced items

  • Similar matter filed previously: Senate No. 901 (2023–2024).
  • Packet lists a companion (HR 2151) and references an SD 559 entry matching the Massachusetts docket.
  • The packet also contains an unrelated Idaho S 1024 (see below) and an erroneous sponsor listing (Cory Booker) that appears inconsistent with the Massachusetts sponsor list — these discrepancies should be reconciled by checking the official legislative records.

Unrelated material included in packet (brief)

  • An Idaho Senate Bill S1024 (2025) is included in the materials; that bill moves Department of Health & Welfare administrative rules on substance use disorder and mental‑health services (IDAPA chapters 16.07.17, 16.07.33, 16.07.37) into Idaho Code (Chapters and multiple new sections), repeals corresponding administrative rules, adds provisions on eligibility screening, qualified personnel, and background‑check waivers, and is stated to have no fiscal impact. This Idaho measure is substantively unrelated to the Massachusetts housing bill.

If you want, I can:
- Produce a draft analysis of policy implications (financing, enforcement, legal mechanisms) for making affordability “in perpetuity,” or
- Verify current status and committee actions for the Massachusetts S.1024 and provide an updated timeline.

Compiled from official sources — confirm details with the bill’s official record.

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